COACHING AGREEMENT

1. Parties
This agreement is between:
a) The Get Noticed Coach (ABN 28989485178) (“we”, “us”); and
b) YOU (“Client”, “you”).

2. Term
This agreement commences on the date that it is accepted by you and ends on the date that both parties have fully performed their obligations under this agreement, unless terminated earlier.
3. Services
The specific services we will provide to you under the current engagement are set out in our proposal, quote or other written communication (Proposal) accompanying this agreement.
If we have discussed a service previously but you don’t see it included in the Proposal, please raise this with us, as the scope of our engagement will be limited to the documented Proposal. These terms will apply to future Proposals unless we provide updated terms to you.
Our 1 to 1 coaching is predominantly delivered virtually, via Phone, Video Conference (ie Skype, Zoom) or other suitable method, as discussed with you. Session dates and times will be scheduled when we start working together via online booking system and may be scheduled all in advance, or on a rolling basis, week to week.
4. Client Responsibilities
We ask that you do the following:
1. Commit to using the knowledge from the Services provided with absolute integrity.
2. Acknowledge you are responsible for your actions and resulting outcomes.
3. Complete any onboarding forms requested by us in a timely manner. For Starter Session Packages return at least 48 hours prior to our session is required.
4. Complete any specific additional homework tasks requested by us, we acknowledge that some additional homework (workbooks) we provide may take some to work through fully and it is important to work through these at your own pace. For subsequent sessions we ask you to return to us 24 hours prior to our session where you are up to.

5. Investment
In consideration for the provision of the Services, you agree to pay us the Fees set out in the Proposal.
6. Payment Terms
You agree to pay the Fees in advance by direct debit to our Nominated Account in accordance with the Payment Terms set out in the invoice and in such manner as reasonably directed by us.
7. Postponements
For individual coaching, if you need to postpone or reschedule a session, you must use the online booking / scheduling system provided at least 72 hours prior to the scheduled session time. Rescheduling is subject to our availability. Sessions must be rescheduled within 1 week of the original scheduled time. Failure to provide sufficient notice or to reschedule within 1 week of the original session will result in forfeiture of the session.
8. Cancellation and Refund Policy
You may only postpone your session once. If you submit a postponement request to us using our online booking/scheduling system (or otherwise in writing by email) at least 72 hours prior to the appointment. In the case of cancellations, there is no refund.
Of course, we understand that life gets in the way and so if you have special circumstances that mean you would like to cease or pause working together, we may in our absolute discretion agree to cease or pause our arrangements in such circumstances.
Nothing in this clause is intended to exclude any right or guarantee to which you are entitled under the Australian Consumer Law.
9. Termination
We may terminate this agreement, in our absolute discretion, on 24 hours’ written notice to you. In the event of such termination, we will refund any Fees paid in advance for Services not delivered. All clauses which by their nature are intended to survive termination will survive termination of this agreement
10. Indemnity
You indemnify us in respect of any loss or damage suffered by us (including loss or damage to equipment or personnel due to theft, injury or accident) due to any action or omission of you or any participant in any workshop delivered pursuant to this agreement.
This clause survives termination of this agreement.
11. Intellectual Property
We may use the intellectual property of other persons in providing the Services, whether under licence or other authorisation or permission of the intellectual property owner. We acknowledge the intellectual property of others as appropriate and as required by law.
We own the intellectual property in all coaching and training materials and the material on our website and grant no licence with respect to our intellectual property. It is retained for our exclusive use.
All intellectual property created by you during any appointment is retained by you and is not owned or retained by us.
You are not permitted to make any audio-visual recording of any Services (including still photography) without our express permission, which may be subject to further agreement and fees.
12. Variations
Any variations to this agreement may only be made in writing signed by both parties. Any variations requested by you, including variations to scope, date and time of the Services may be refused by us or permitted at extra charge (see also our Cancellation and Refund Policy above).
13. Confidentiality
It’s likely that while we’re working together, we may disclose Confidential Information to each other. We each undertake to keep such Confidential Information private (except as authorised by the other party or as required by law) and take reasonable measures to protect its confidentiality. This clause survives termination of this agreement.
14. Testimonials
If you provide us with a testimonial (in writing or verbally, such as in a session), you agree that we may share your testimonial to promote our Services. We will anonymise the testimonial, unless we have your express consent to share your name and/or photograph (unless you have provided a testimonial on a public platform, such as Facebook, in which case you consent to us sharing the content of your testimonial, including your Facebook profile name and picture).
15. Advice and Information
Please note that we provide coaching, mentoring & general information only, including financial information and guidance on your mindset. We do not provide financial planning or psychological assessment or treatment. Our Services should not be taken as, or substituted for, professional financial, legal, taxation or medical advice. I recommend you seek out personalised advice in these areas according to your needs.
16. Guarantees
You may be entitled to guarantees in relation to our Services pursuant to the Australian Consumer Law. Other than those guarantees, we specifically exclude any other guarantee in relation to our Services.
Financial coaching and mindset work can help to develop long term wealth and financial freedom. However, please note that individual results will vary - much depends on you, as you are ultimately and solely responsible for your actions and results.
We do not warrant or guarantee specific outcomes. While we may discuss strategic goals with you, we do not warrant or guarantee that such goals will be achieved. Any indications given are examples and are based on experience. These must not be relied on to predict future results. You agree that you have not relied on any warranty, guarantee or representation given by us in entering into this agreement.
Failure to achieve results alone will not give rise to a right to terminate this agreement.
17. Limitation of Liability
Nothing in this agreement is intended to exclude any right or guarantee to which you are entitled under the Australian Consumer Law.
Where our Services fall within the scope of the Australian Consumer Law, we limit our liability to you to the fullest extent permissible by law, including by limiting our liability under section 64A of the Australian Consumer Law to providing the Services again or paying for the Services to be provided again. We specifically exclude liability for negligence. To the maximum extent permissible by law, we exclude liability for consequential loss or damage, including loss of business profits.
Otherwise, we exclude all liability to you (including for negligence and consequential loss or damage, including loss of business profits) and you hereby waive, release and discharge, on a continuing basis, all claims you have or may have against us relating to the provision of the Services, however arising.
18. Dispute Resolution
If a dispute arises between us, we each agree that the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party claiming the dispute must first inform the other party in writing of the following:
a) the nature of the dispute;
b) the outcome they desire to resolve the dispute, and
c) the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Victoria appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Melbourne, Victoria, Australia unless the parties and the mediator agree that the location is inconvenient and are unable to agree on a suitable alternative location, in which case the parties may agree to participate in online mediation.
All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
This clause survives termination of this agreement.
19. General
a) Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
b) We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the Services, provided always that we will remain the head contractor and will be responsible for the delivery of the Services in accordance with this agreement.
c) This agreement is the entire agreement and understanding between the parties on everything connected with the Services, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the Services.
d) If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
e) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
f) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
g) The law of Victoria governs this agreement and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
h) A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
i. delivered personally;
ii. posted to their address, when it will be treated as having been received on the second Business Day after posting; or
iii. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
20. Definitions
In this agreement:
a) Agreement means this agreement between us and the Client.
b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
c) Business Day means a day on which banks are open for business in Melbourne, other than a Saturday, Sunday or public holiday.
d) Confidential Information refers to any data or information relating to us or the Client, whether business or personal, written or oral and regardless of how or when it was provided to the other party, which would reasonably be considered to be private or proprietary to the disclosing party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to us or the Client, and includes the terms of this agreement (except to the extent that disclosure of the terms is necessary for the purpose of legal or financial advice).
e) Intellectual Property means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.
f) Nominated Account means our account with details as stated in our invoice.
g) Services means the services set out in our Proposal.

21. Interpretation
In the interpretation of this agreement:
a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
c) Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement;
d) Grammatical forms of defined words or phrases have corresponding meanings;
e) Parties must perform their obligations on the dates and times fixed by reference to Melbourne, Victoria, Australia;
f) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
g) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
h) References to a party are intended to bind their executors, administrators and permitted transferees; and
i) Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

22. Acceptance
You will be taken to have accepted the offer contained in this agreement on the happening of:
a) Receipt by me of your signed copy of the agreement;
b) Receipt by me of your written acceptance of the terms of the agreement;
c) Receipt by me of your payment after you have received a copy of this agreement; or
d) Receipt by me of your written instructions to provide the Services after you have received a copy of this agreement,
e) Receipt by me of your payment on my website.
whichever occurs first.

ATHENA ALI trading as THE GET NOTICED COACH – PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to use, or otherwise collected by us, offline or online, including through www.thegetnoticedcoach.com.au (Site). In this Privacy Policy we, us or our means Athena Ali trading as The Get Noticed Coach [ABN 28 989 485 178].

Types of personal information

The types of personal information we may collect about you may include:

your name;
images of you;
your contact details, including email address, mailing address, street address and/or telephone number;
your age and/or date of birth;
your credit card or payment details (through our third party payment processor);
your preferences and/or opinion;
information you provide to us through customer surveys;
your sensitive information as set out below;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Site, including through the use of internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

to enable you to access and use our Site, associated applications and associated social media platforms;
to contact and communicate with you;
for internal record keeping, administrative purposes, invoicing and billing purposes;
for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
to run competitions and/or offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have; and
to consider your employment application.
Disclosure of personal information to third parties

We may disclose personal information to:

third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance of problem-solving providers, marketing or advertising providers, professional advisors and payment system operators;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
sponsors or promoters of any competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.
By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy law. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

How we treat personal information that is also sensitive information

Sensitive information in a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

Provided you consent, your sensitive information (if we hold any) may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.

Sensitive information may also be used or disclosed if required or authorised by law.

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or application, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Site may contain links to other websites (Third Party Websites). We do not have any control over Third Party Websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting them. Third Party Websites are not governed by this Privacy Policy, even if you followed a link from our website to the Third Party Website.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy policy.

For any questions or notices, please contact our Privacy Officer at:

Athena Ali trading as The Get Noticed Coach [ABN 28 989 485 178]

Email: athena@thegetnoticedcoach.com.au

Last update: 25 September 2020